PCD 1674 Application to settle a claim against the Metropolitan Police Service (MPS)

Executive Summary:  

The DMPC agree a request to settle a claim against the MPS, as set out in the part 2 report.   

The Deputy Mayor for Policing and Crime has the discretion to authorise the settlement of legal proceedings where it would be conducive to the maintenance of an efficient and effective police force. 

Recommendation: 

The DMPC is asked to approve an application to settle a claim against the MPS, as identified in part 2 of this report.  

PART I - NON-CONFIDENTIAL FACTS AND ADVICE TO THE DMPC 

Decision required – supporting report 

1. Introduction and background 

1. 1 August  2019,  the  Deceased  was  struck  by  a  marked  police vehicle, on the A21, outside Princess Royal hospital, Bromley. The police vehicle was responding to a request for assistance, with sirens and blue lights activated and was travelling at approximately 40 mph on the wrong side of the dual carriageway, when the deceased stepped out from behind a bus. 

2.  Liability is in dispute, with contributory negligence being a significant issue if primary liability is established. 

3.  Authority is sought to settle the  claim on the basis of the evidence obtained   in   relation   to   the   value   of   the   Claimant’s   and   other dependents’ claims. 

2. Financial Comments 

1. The cost of any settlement, if agreed, would be met from the centrally held MPS third party claims provision budget.  

3. Legal Comments 

1. Pursuant to the MOPAC Scheme of Consent and Delegation 2016, MOPAC must authorise the settlement because it fulfils the criteria set out in section 4.10 of the Scheme including the financial level. 

2. The DMPC has the power to authorise any sum required in connection with the settlement for any claim made against the Commissioner under Section 88 of the Police Act 1996. 

3. There is an open and exempt report as some of the information relates to data protection, is commercially sensitive and is legal professional privileged. 

4. Equality Comments 

1. To continue policing with the consent of the population it serves, the police will always seek to treat everyone fairly and openly.  Race or equality issues do not appear to have an impact in this matter. 

5. Background/supporting papers 

1. Part two exempt reports